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Saxperience Web Site Terms of Use and Notices

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AGREEMENT BETWEEN USER AND SAXPERIENCE

This Terms of Use and Notices applies to the Saxperience Web Site and does not apply to the content of third parties.

The Saxperience Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Saxperience Web Site constitutes your agreement to all such terms, conditions, and notices.

This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement at http://www.saxperience.com/privacy.php for disclosures relating to the collection and use of your personal information.

The Federal Trade Commission's Children's Online Privacy Protection Act of 1998 (COPPA) requires that Web Sites are to obtain parental consent before collecting, using, or disclosing personal information from children under 13 years of age. If you are below 13 then you can NOT use this forum. Do NOT register if you are below the age of 13.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If the Saxperience Web Site requires you to open an account, you will choose a password and a username. You must complete the registration process by providing us with current and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Saxperience immediately of any unauthorised use of your account or any other breach of security. Saxperience will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Saxperience or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

MODIFICATION OF THESE TERMS OF USE

Saxperience reserves the right to change the terms, conditions, and notices under which the Saxperience Web Site is offered. You are responsible for regularly reviewing these terms and conditions. Your continued use of the Saxperience Web Site constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Saxperience Web Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Saxperience Web Site.

LINKS TO THIRD PARTY SITES

The Saxperience Web Site may contain images of and links to third party Web sites ("Linked Sites" ). The Linked Sites are not under the control of Saxperience and Saxperience is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Saxperience is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Saxperience responsible if the Linked Site is not working appropriately. Saxperience is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Saxperience of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the Saxperience Web Site, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Saxperience shall not be responsible or liable for any part of any such dealings.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Saxperience Web Site, you will not use the Saxperience Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Saxperience Web Site in any manner that could damage, disable, overburden, or impair the Saxperience Web Site (or the network(s) connected to the Saxperience Web Site) or interfere with any other party's use and enjoyment of the Saxperience Web Site. You may not attempt to gain unauthorised access to the Saxperience Web Site, other accounts, computer systems or networks connected to the Saxperience Web Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Saxperience Web Site.

USE OF SERVICES

The Saxperience Web Site may contain e-mail services, bulletin board services, chat areas, forums and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services" ). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.

Saxperience has no obligation to monitor the Communication Services. However, Saxperience reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Saxperience reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Saxperience reserves the right at all times to disclose any information as Saxperience deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, as determined by Saxperience, in its sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. Saxperience does not control or endorse the content, messages or information found in any Communication Service and, therefore, Saxperience specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Moderators and hosts are not authorised Saxperience spokespersons, and their views do not necessarily reflect those of Saxperience.

MATERIALS PROVIDED TO OR POSTED TO THE SAXPERIENCE WEB SITE

Saxperience does not claim ownership of the materials you provide to the Saxperience Web Site (including feedback and suggestions) or post, upload, input or submit to the Saxperience Web Site, (each a "Submission" and collectively "Submissions" ). However, by posting, uploading, inputting, providing or submitting ("Posting" ) your Submission you are granting Saxperience unlimited rights to use and publish your Submission in any way it chooses, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of Saxperience.

No compensation will be paid with respect to the use of your Submission, as provided herein. Saxperience is under no obligation to post or use any Submission you may provide and Saxperience may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

The information and services included in or available through the Saxperience Web Site may include inaccuracies or typographical errors. Changes are periodically made to the Saxperience Web Site and to the information therein. Saxperience and/or its respective suppliers may make improvements and/or changes in the Saxperience Web Site at any time. Advice received via the Saxperience Web Site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Saxperience and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, services and related graphics contained within the Saxperience Web Site for any purpose. All such information, services and related graphics are provided "as is" without warranty of any kind. Saxperience and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.

You specifically agree that Saxperience shall not be responsible for unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Saxperience Web Site. You specifically agree that Saxperience is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Saxperience is not responsible for any content sent using and/or included in the Saxperience Web Site by any third party.

In no event shall Saxperience and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Saxperience Web Site, with the delay or inability to use the Saxperience Web Site or related services, the provision of or failure to provide services, or for any information, services and related graphics obtained through the Saxperience Web Site, or otherwise arising out of the use of the Saxperience Web Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Saxperience or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the Saxperience Web Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Saxperience Web Site.

STORAGE SPACE AND OTHER LIMITATIONS

You agree that Saxperience may establish limits concerning use of the Saxperience Web Site, including without limitation the maximum number of days that messages will be retained by the Saxperience Web Site, the maximum number of messages that may be sent from or received by an account on the Saxperience Web Site, the maximum size of a message that may be sent from or received by an account on the Saxperience Web Site, and the maximum number of times and duration you may access the Saxperience Web Site in a given period of time.

You agree that Saxperience has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the Saxperience Web Site. You acknowledge that the features and parameters (for example, the maximum number of days that messages will be retained) may change at any time. You acknowledge that Saxperience reserves the right to sign out, terminate or delete your accounts for the Saxperience Web Site that are "inactive" for an extended period of time. "Inactive" means that you have not signed in to the Saxperience Web Site for an extended period of time, as determined by Saxperience, in its sole discretion. The amount of time that Saxperience currently considers as an "extended" period of time is 60 days.

SAXPERIENCE MAKES NO WARRANTY THAT THE SAXPERIENCE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

TERMINATION/ACCESS RESTRICTION

Saxperience reserves the right, in its sole discretion, to terminate your access to the Saxperience Web Site or any portion thereof at any time, without notice. Saxperience may also terminate or suspend your access to the Saxperience Web Site for inactivity, as set forth, above, in "Storage Space and Other Limitations." Saxperience shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

Saxperience may immediately terminate any account which it determines, in its sole discretion, is transmitting or is otherwise connected with any 'spam' or other unsolicited bulk email.